Beyond Decriminalization: Sex-work, Human Rights and a New ...

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PIVOT LEGAL SOCIETYSex workers described one of the main advantages of working for an escort agency or call service isthat a third party knows who the worker is dating and where the interaction is occurring, thus makingpremeditated violence less likely.Escort services may provide a range of safety measures. While some agencies do not offer anyfallback protection for their employees, others are vigilant about taking names, hotel room numbers,and other identifying information. Sometimes agencies check that a client is actually where they saythey are by calling back the phone number provided. Some agencies provide a driver who functions asboth transportation and security for the worker, and who will check in on her during the date. Oneworker, concerned about physical safety suggested that agencies provide self-defence training for theiremployees.Despite having some safety concerns, many of the outcall sex workers we interviewed describedhaving a high level of satisfaction with their employment, and emphasized that, in general, workingindoors is far safer than the outdoor trade. Independent sex workers emphasized the autonomy andanonymity they enjoyed while working on their own.Management and servicesAn escort agency’s management approach often determines the level of satisfaction escortsexpressed with their working conditions. Participants expressed concern about the controls placed onworkers and the requirements of some escort agencies. Several escort agency workers stated that theywant more control over what services are provided and the fees that are set.Participants reported that some owners tell workers what services they are required to performwith clients, and give the most business to the workers who are most compliant. When working foran agency, sometimes a worker will be reprimanded by the employer if she does not do what the clientrequests. As discussed in this report, the current laws of assault and sexual consent place control overthe services performed with the worker (see Part 10 on Criminal Law).Some escort agency workers described being unable to control the fees charged for particularservices. In some cases, the agency charged a flat introduction fee, leaving the negotiation of the feefor sexual services to the escort. In other cases, the agency takes a cut of the worker’s tips in exchangefor providing them with clients. Also, they may charge the worker a nightly “booking fee,” whichmust be paid to the agency before it provides the escort with client contacts. However, if the workerreceives no clients that night, the booking fee is not refunded. Escorts described being subject tofines and penalties for minor infractions of house rules, such as being late, or not being able to see aclient even if they had a valid reason. Payment mechanisms are discussed in more detail in the sectionentitled “Financial arrangements and wage structure” (see p. 29).Some owners may require workers to have sex with them in exchange for clients. Several participantsreported being forced to engage in sexual activity and endure sexual harassment from theiremployers in order to get or keep their job.One owner/operator who used to work as a sex worker wished to counteract the misconceptionthat all owners are male, exploitative, or driven purely by profit. She stated that her job as an ownerentails, among other things, scheduling, administration, payroll, bookkeeping, and public relationswork. She works 40-50 hours a week, and stated that she earns far less money as an owner than shedid as a sex worker. She wished to correct the misconception that all employers make large amounts ofmoney from the labour of others, while doing little or no work themselves. There are many employerswho consider themselves fair to their workers, and who create a positive work environment. Whilesome employers may make large profits by taking all or most of the money a worker earns, or byoffering unsafe services for an exorbitant rate, this is not the case for all employers.24
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformLicensingEscort agencies in Vancouver must carry licenses, but independent sex workers are not requiredto obtain a license. In contrast, sex workers in Edmonton and Calgary described how they are subjectto more restrictive by-laws controlling advertising and licensing, thereby discouraging street-level sexworkers from moving into escort or independent outcall work. For instance, in Edmonton, a personwho does not have a licence as an “independent escort” cannot place an entry in the sex advertisingsection of the local newspaper. One participant described how she had to apply for a prohibitivelyexpensive licence, and had to have her criminal record cleared before could apply. She suggested thatthese by-laws keep women on the street who would otherwise move to safer indoor work. Edmontonpolice are currently searching for a serial killer who is thought to have claimed the lives of at least tenstreet-level sex workers.In-call/massageIn-call workers are those whose work takes place at a place of business where the clients attendand receive services on site. The distinction between in-call and outcall services is not necessarily clearcut, as some in-call venues also provide some outcall services. In instances where mainly in-call venuesoffer limited outcall services, we focus on the in-call component of the business.While not all massage parlours and health enhancement centers are fronts for prostitution, theyare among the most common venues for in-call work. Some sex workers operate independently fromtheir homes and handle all matters related to their business, including administration, marketing,health and safety issues, and clientele.Most of the workers who participated in this project work for an employer in a licensed massageparlour. Our participants described a wide range of conditions in the parlours they work. Manywork as “independent contractors,” and were not aware of the possibility that the courts could grantthem the full legal protection and benefits afforded to employees. Massage parlour workers reportedencountering various financial problems with their employers. Workers reported sometimes notreceiving the pay they were promised, being required to give their employers a share of their tips inorder to receive clients, and being subject to fines and penalties for minor infractions of house rules,such as being late or failing to answer their telephone. Also, there were concerns about safety andsecurity. Some massage parlour workers reported being assaulted by clients and receiving little or nohelp or support from their employers.In some parlours, workers receive wages only for the clients they see. This means that a massageparlour worker could spend a full shift at the workplace waiting for clients, not get any and, as aresult, receive no pay for the time they were at work. Some workers reported that their employersrequire them to perform various tasks during these times, such as cleaning the bathrooms, againwithout compensation.Management and working conditionsThe conditions for in-call workers vary greatly, based on the kind of management that is in placeat a particular massage parlour. Payment for services and the employer/employee relationship will bediscussed below in the section entitled “Financial arrangements and wage structure” (see p. 29).Major concerns for massage parlour sex workers relate to the kind of services they are expected toprovide, and whether they can decline to perform a service. Participants described a variety of arrangements.Some establishments provide their workers with a degree of freedom – they can decline toperform a service with a client without repercussions from the manager or owner. The client is passedon to another worker. Some workers reported that they get to determine themselves what services areoffered. One described working in a massage parlour as a positive experience because health and safetymeasures were in place, as well as benefits, privacy, autonomy, and consistent remuneration.25
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